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Mahoneys aims to keep our clients up-to-date with the latest in legal information.

  • 08-Aug-2018 / Posted by Ben Seccombe

    Industry update: Caretaker bullying by bodies corporate

    by Ben Seccombe, Partner & Amelia Hasson, Lawyer Back in 2015, Mahoneys acted for the first caretaker recognised by the Fair Work Commission as a ‘worker’ for the purposes of a workplace bullying action and we continue to lead the way in this area. Since then, we have noticed an..
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  • 26-Jul-2018 / Posted by John Forde

    Franchise agreements, trade marks and Australian consumer law

    A franchise is a business arrangement that allows a person to operate under the name of an already established business. A recent dispute involved an International Restaurant franchisor who terminated its agreements with its Australian franchisees for non-payment of outstanding fees. Th..
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  • 29-Jun-2018 / Posted by John Mahoney

    The goose, the golden egg and the assignment

    In an article I wrote some 5 years ago I expressed concern at a trend in management rights of inexperienced managers being sold management rights on promises of minimal work, high return on investment and low (or no) risk and the damage that was causing and would continue to cause the industry i..
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  • 27-Jun-2018 / Posted by John Mahoney

    Uncertainty around short term letting

    For a variety of reasons we have in recent months fielded many enquiries about short term lettings. Some clients have wanted to prevent Airbnb, some have wanted to stop long term residential usage of motel approved units and some have wanted to start a short term letting operation in a permanent..
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  • 22-Jun-2018 / Posted by Ben Sandford

    Queensland caretakers win again

    Mahoneys secured another victory for caretakers in Queensland recently when the Queensland Civil and Administrative Tribunal handed down its decision in Ultimate Property One Management Pty Ltd v Body Corporate for the Pivotal Point Residential Community Titles Scheme 33550. The body cor..
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  • 16-May-2018 / Posted by Mahoneys

    The lesson of Lululemon – exchanges, returns and consumer guarantees

    Luxury athletic apparel company Lululemon Athletica Australia Pty Ltd (Lululemon) found out the hard way that global businesses who apply blanket branding are not above the consumer guarantees made under the Australian Consumer Law. The background In July 2017, The Australian Competition &am..
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  • 17-Apr-2018 / Posted by Wesley Hill

    The power of appointment of trusts

    A recent case involving a prominent South Australian wine-making family highlighted the importance of making sure that control of a trust following the death of the appointor is transferred in a way that is permitted by the trust deed. These days, many family businesses and assets are op..
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  • 23-Mar-2018 / Posted by John Forde

    Development Approval - enforcement orders

    by John Forde, associate In Pike v Tighe [2018] HCA 9 (14 March 2018) the High Court held that the Development Approval condition attaches to the land and binds the owner, the owner’s successors in title and any occupier of the land. The matter concerned the subdivision of land in To..
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  • 30-Jan-2018 / Posted by John Forde

    Vicarious liability

    by John Forde, associate A common problem faced by employers is vicarious liability and their duty of care. A recent Supreme Court of Queensland decision acts as a timely reminder for our workplaces in 2018. The defendant company (which I will call the Company) conducted a road freight..
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  • 17-Jan-2018 / Posted by John Mahoney

    Forget It!

    by John Mahoney, partner Over the course of 2017 we have seen multiple cases of managers forgetting to exercise their options or failing to exercise an option properly. In one week alone we saw 3 such cases. Whilst in most cases we have been able to rescue the situation and obtain new a..
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